"Liability limited by a scheme approved under professional standards legislation"

Our Expertise

PRACTICE DESCRIPTION

Paul Fyfe practises solely in the area of construction law litigation and arbitration and has extensive experience in building, construction and engineering contracts and disputes, professional indemnity insurance, arbitration and alternative dispute resolution. He is a registered builder (WA).

CAREER HISTORY

2014 - Present Principal Fyfe Construction Lawyers
1987 - 2014 Partner, Jackson McDonald
1985 – 1987 Solicitor, Jackson McDonald
1984 – 1985 Contractor Administration Manager, Davey McKee Pacific
1983 – 1984 Solicitor, Raymond Engineers Australia Pty Ltd
1982 – 1983 Articled Clerk, Weigall & Crowther, Solicitors
1972 – 1978 Manager and Director, Fyfe Constructions Pty Ltd
1971 – 1972  Estimator, J&T Gunn Builders Pty Ltd
1970 – 1971 Estimator – Quantity Surveyor, Dillingham Constructions
1969 – 1970 Carpenter, Thiess
1964 – 1969 Apprentice Carpenter

EDUCATION

Bachelor of Laws, University of Melbourne


 

PROFESSIONAL EXPERIENCE

Arbitration/Litigation/Front-end Examples

  • Acting for Contractor against Owner/Developer on $22 million Apartment Redevelopment in relation to “GMP” Contract involving Contractor’s entitlement to issue a notice to show cause and suspend the Works on the grounds of the Principal’s failure to pay certified progress payments. Disputed in circumstances where the Principal claimed that there was unwritten term of the contract to set off payment to Contractor’s subcontractors against the purchase price (by the subcontractors) of the apartments in the development. Also involved Contractor’s claims for extension of time and delay costs, variations etc. Amount in dispute $2.5 million. Partly successful in arbitration. Totally successful on appeal to Supreme Court.
  • Acting for Developer against Contractor on a $10 million Apartment Development involving Contractor’s entitlement to suspend the Works on the grounds of non-payment and involving the Contractor’s claims for extensions of time and delay costs and variations etc. Totally successful in arbitration. $5 million awarded in favour of Developer.
  • Acting for Marine Contractor against Contractor involved in the construction of complex underwater structure where one party claimed the relationship was a contractor/subcontractor relationship, and the other successfully claimed that it was a joint venture relationship. Totally successful in arbitration. Award in favour of client in excess of $1 million. Currently subject to application for leave to appeal in the Supreme Court.
  • Acting for Developer on $20 million Apartment Development in relation to Contractor’s claims for extension of time and delay costs and variations and the Developer’s claims for liquidated damages. Amount in dispute approximately $2.5 million. Supreme Court of Western Australia action. Current.
  • Contractual advise to Developer of $10 million shopping centre in circumstances where Contractor in administration.
  • Contractual advice to Project Manager/Superintendent in relation to $40 million regional hospital.
  • Dispute resolution advice to Electrical Contractor against Major Contractor in relation to disputes arising on $150 million inner city project.

 

Mining Related Matters

  • Bateman Kinhill: Design and Construct - Turnkey Contract - Comet Nickel Project, Ravensthorpe - $750 million
  • Bateman Kinhill Kilborn v SDR, Supreme Court NT
    • Mt Todd Gold Mine NT - Prolongation, disruption, acceleration costs and variation claims
  • Bateman Kinhill Kilborn Mt Todd Goldmine NT – Contract advice $40 million design and construct ore processing project management contract
  • Westralian Sands Limited – Review and Redrafting Westralian Sands’ Contract Terms and Conditions used for the following projects:
    • Flakt (Australia) Pty Ltd – Ilmenite Benefication Plant, Capel
    • Lurgi Australia Pty Ltd - Ilmenite Benefication Plant, Capel
    • Rico Pty Ltd – Supply and Construction and Commissioning – Waste Heat Recovery Boiler Turbo-Alternator Electrostatic Precipitation
    • West’s Process Engineering Pty Ltd – Limesands Calcination Plant, Dongara – approximate value $10 million
  • Westralian Sands Ltd v Wests Process Engineering Pty Ltd, Supreme Court WA
    • Dongara Limesands Calcination Plant
    • Repudiation of contract, cost of completing contract works
  • Brandrill – Mineral Hill Contract –Contract Advice/Dispute Resolution
  • Brandrill – Bronzewing – Normandy Mining – Contract Advice/Dispute Resolution
  • Brandrill Limited – Cadia Holdings – Ridgeway Project – Contract Advice/Dispute Resolution
  • Cream Mining Pty Ltd – Advice Mining Contract with Donegal Resources
  • Western Construction Co – McCoy Project Installation

 

Further Front end Examples

  • CAMS/St John of God Hospital/PDC Project Management: Design and Construct Contract for South West Health Campus, Bunbury – approximate value $50 million
  • CAMS/Department of Commerce & Trade: Design and Construct – Turnkey Contract – Waste Water Treatment Plant, Kwinana – approximate value $13 million
  • CAMS: Design and Construct Contract - Marine & Civil Works, Jervoise Bay Development Project – approximate value $160 million
  • Department of Transport: Long term contracts for Metropolitan Marine Facilities Maintenance and Statewide Navigational Aids
  • Dexion Australia Pty Ltd – Design and Construct Contracts for the following projects:
    • Warehouse Racking and Associated Robot Transfer System for Unilever Australia Limited’s Warehouse, Victoria
    • Warehouse Racking and Associated Robot Transfer System for Woolworths Queensland Property Investment Pty Ltd’s QP and QP distribution warehouses, NSW and Victoria
    • Entact Clough v T O’Connor & Sons, Federal Court SA/Supreme Court WA
    • Attakarn Prasit Embassy Apartments Bangkok
    • Breach s52 Trade Practices Act, prolongation/variation claims
    • John Holland Construction & Engineering Pty Ltd v Bridge Pump Company Pty Ltd, Federal Court WA
    • Bunbury Harbour Construction
    • Misleading and deceptive conduct claim
  • Lansdale Pty Ltd v Samson WA Pty Ltd, Arbitration
  • Kalgoorlie Shopping Centre, Prolongation/variation claims
  • PDC Project Management: Design and Construct Contracts for the following projects:
    • General Post Office - Redevelopment
    • St John of God Hospital, Subiaco
    • St John of God Hospital, Murdoch
  • Silver Thomas Hanley/CAMS: Forward Works and Main Building Works, Armadale Health Campus, approximate value $50 million
  • Subiaco Redevelopment Authority: Design and Construct Contract for Railway Tunnel and Underground Station – approximate value $50 million
  • Western Portable v Acacia Resources Pty Ltd, Supreme Court WA
  • Sunrise Dam

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